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Thomas, Lawyer

Category: UK Property Law

Satisfied Customers: 6786

Experience: BA (Hons), PgDip, Practising Solicitor

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I have left the home which I shared with my partner. We are

Resolved Question:

I have left the home which I shared with my partner. We are both named on the mortgage details as joint tentants and he says that I have lost all right to my share of the house because I left the property is this correct?. I have no income whatsover and have been told by the DSS that I have a share of the property and therefore am not entitled to any help. Can I force my finance to buy my share of the property because at the moment I feel that he has cheated and is getting the best of both worlds because he has my home and I am not entitled to any help because I have a share in the house but can't get it because I am not entitled to legalaid . What can I do to try and move forward

If you are named on the registered title to the property then simply moving out does not mean that you are no longer entitled to any share of the property.

First of all, if you and you partner presently hold the house jointly (as joint tenants) then each person's share would pass to the other upon death regardless of any directon made in any Will. If this is not what you want then you should sever the joint tenancy by using Form SEV from the Land Registry (you will have to send it to them and if you have any questions about completing the form you should call their customer service number - they are very helpful):-http://www1.landregistry.gov.uk/publications/?pubtype=49

You will then hold you interests as tenants in common, meaning that your respective shares will pass according to their wills or under the intestacy rules. Your partner need not sign the form provided you follow the instructions.

You can force the sale of the property by making (or posturing to make) an application to Court. If your partner cannot demonstrate sufficient finance to receive a mortgage offer to buy you out and transfer the equity in to his name then this may be your only option. A local solicitor would be able to do this for you and these orders are seldom refused by the Court. If you cannot afford a solicitor to either write an initial letter to him explaining your rights (cost £40-50_vat approx) or to act in the application for an order for sale then you can ask your local county court for the forms and do it yourself.

In the absence of any express agreement there is presumption that the proceeds of sale are split equally, however if either party contributed more the financing of the purchase or has maintained the majority of the mortgage then this may be taken in to account and they will receive more of the proceeds of sale but they would have to litigate on this point and it would not be easy or cheap.

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I'm on my phone at the moment so it's difficult for me to check the reference for the form, but if you contact your local country court and say that you require the forms to apply for an " order for sale of a residential property" they will be able to confirm this for you.

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